Letters to the editor – August 16, 2025

To grant or not to grant bail

Emmy Bezzina of Valletta writes:

One witnesses a lot of weeping and disgruntlement when one is not granted bail; and a lot of ‘satisfaction’ when one is. Even if the bail conditions are harsh and hard to stomach, the reality that one, at least temporarily, is still free to control being at liberty, even though if somewhat restricted, is balsamic when juxtaposed with losing that liberty.

It is a big responsibility on the adjudicator determining whether to grant bail or otherwise. We listen at times to rather frivolous arguments, particularly from defence counsel, as to why their clients should not be deprived of personal liberty, while the prosecution generally objects to bail on grounds such as that there are witnesses that have to give evidence and, thus, the fear that evidence might be tampered with.

The adage that every accused should be presumed innocent until proven guilty beyond reasonable doubt should not be taken as an incontestable assertion. The supreme interests of society have equally to be taken into consideration, even though every case is to be judged on its own exclusive merits.

Some recent cases where bail was granted left much to be desired in the minds and utterances of onlookers. 

One cannot be dead drunk, drive recklessly, mow down an innocent bystander, be undoubtedly guilty of involuntary homicide and then, for some excuse or other, be granted bail even as the family of the brutalised victim is heavily dazed by the unbelievable that would have just occurred. This is not just.

Hence Magistrate Charmaine Galea did justice when, as the presiding court, she did not grant bail to a grown-up minor following another involuntary homicide occurring just days away from the fatality previously alluded to.

Society has to be not only protected; it must be seen that this protection is in practice effectively provided.

The courts of justice, not of jaw, represent the beating heart of a nation where justice has to be seen to be done. Hence, again, the court of appeal was very correct to rescind the appalling bail given to a boasting well-known criminal who believes that, with substantial finances, no issues, even if not in the supreme social interests, cannot be brushed away.

In granting or not granting bail, then, the interests of justice have to be served. It has to serve the accused if deservedly but, above all, the supreme interests of protecting society in general.

Sannat beer festival

Stephen Vassallo of Xewkija writes:

In the report on the Sannat festival (August 11), one important fact was not mentioned:

“The police will be present at all Sannat exits with breathalysers.”